Md. Akhtar @ Md. Aktar v. The State Of Bihar

Patna High Court Cr.Misc. No.37068 of 2015 (3) dt.06-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37068 of 2015 Arising Out of PS.Case No. -128 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Md. Akhtar @ Md. Aktar Son of Md.Gafoor Ansari Resident of VillageOipur, P.S. Runnisaidpur, District Sitamarhi. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Syed Firoz Raza For the Opposite Party : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 18.04.2015 in a case instituted under Sections 395 and 397 of the Indian Penal Code.

As per allegation, it is a case of assaulting the informant and snatching Rs.5,000/- from the pocket of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is in custody since 18.04.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. There is no direct evidence against the petitioner. It has

Patna High Court Cr.Misc. No.37068 of 2015 (3) dt.06-10-2015 been submitted that the petitioner has been made accused due to mistake of fact. There is no incriminating article recovered from the conscious possession of the petitioner. The other co-accused who was similarly situated has been granted bail vide Cr.Misc.No.36044 of 2015.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Muzaffarpur in connection with Minapur P.S.Case No.128 of 2015.

(Sudhir Singh, J) B.Kr./- U T